UNITES STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE UNITED STATES OF AMERICA NOTICE OF DEFENSE v. DANIEL RILEY, ROBERT WOLFFE, CIRINO GONZALES, JASON GERHARDT 1:07-cr-189-GZS, COMES NOW, making a special appearance, Daniel Riley, acting in a sovereign capacity, Sui Juris, not Pro Se repeat not Pro Se representing the fiction DANIEL RILEY, and files this notice of appeal. In no way can this notice be construed to grant Jurisdiction over the defendant, because the defendant's counsel still contends no jurisdiction exist. In no way should this notice be construed to be considered a contract, ‘and all rights are reserved at the common law UCC 1-308 and 1-103.6 without prejudice. 1. The defendant gives this notice in accordance with Federal Rules of Evidence rule 201. 2. The defendant claims that one of the “essential elements” to the offenses the defendant is charged with is territorial jurisdiction. 3. The defendant intends to use the lack of territorial jurisdiction as exculpatory evidence to prove his innocence. 4. The defendant has a Sixth Amendment right for compulsory process to obtain witnesses in his favor to prove his innocence. Affidavits are witness statements under oath and are admissible under the federal rules of evidence article 10. 5. ‘The defendant also plans on calling witnesses to testify that the United States is outside it’s territorial jurisdiction as defined in 18 U.S.C. § 7. These witnesses include the New Hampshire Secretary of State or his Deputy and/or constitutional expert ‘on jurisdiction attorney Larry Becraft and possibly more. 6. The defendant has a Fifth Amendment Right to be tried by a coust with jurisdiction and a plaintiff who has jurisdiction to file a complaint. 7. Without the element of jurisdiction there is no authority to prosecute, therefore no crime, therefore the plaintiff must prove jurisdiction or the defendant is. innocent and being deprived his Rights.8. Any denial to allow the defendant to call witnesses in his favor to prove an essential clement of the offense is lacking is a violation of his Fifth and Sixth Amendment Rights. DATED: January 16, 2008 Indigent inmate scpc 266 County Farm Rd Dover NH, 03820 All Rights Reserved Without Prejudice CC: UNITED STATES DISTRICT COURT FOR NEW HAMPSHIRE AUSA Robert Kinsella David Bownes, Stanley Norkunas, Paul Garrity Note: Bownes, Norkunas and Garrity served by Electronic filing as per their request.